Because this is protected speech. It doesn't rise to the level of incitement which requires IMMINENCE and it doesn't rise to the level of a true threat either because the words arguably weren't INTENDED to convey to Kavanaugh a serious threat of bodily harm.
The prima facie elements of these crimes are not met. No serious lawyer in the country would take it, much less the DOJ.
Because this is protected speech. It doesn't rise to the level of incitement which requires IMMINENCE and it doesn't rise to the level of a true threat either because the words arguably weren't INTENDED to convey to Kavanaugh a serious threat of bodily harm.
The prima facie elements of these crimes are not met. No serious lawyer in the country would take it, much less the DOJ.